| 
 | Blantika: Multidisciplinary Jornal Volume 2 Number 7, 2024 p- ISSN ISSN 2987-758x e-ISSN 2985-4199 | |
| PROTECTION
  OF VICTIMS AFFECTED BY DEFAULT UMRAH TOUR AND TRAVEL: IN TERMS OF LAW NO. 8
  OF 1999 CONCERNING CONSUMER PROTECTION   
   Taufik Budiawan, KMS.Herman, Hidayati Borobudur University, Indonesia Email: taufikbudiawan8@gmail.com,
  kms_herman@borobudur.ac.id, hidayati@borobudur.ac.id | ||
| ABSTRACT Today's rapidly
  growing travel business requires a travel agency to help take care of
  administration and paperwork to enter other countries. Travel agencies
  provide these services with a variety of attractive advertisements. This
  purpose of the study is to provide awareness to the public to choose Umrah
  Tours and Trips that have a track record that can be accounted for and
  provide consumer protection for victims in order to reach mutually beneficial
  agreements. The methods used are in the regulatory process using primary and
  additional legal data. Following the investigation, Law no. 8 of 1999 for the
  protection of consumers was promulgated for the victims of default due to
  Umra Tour and Travel's failure to comply with the terms and conditions of the
  contract provided to consumers. In some cases, travel agencies will obtain
  legal proceedings and provide compensation or compensation if they do not
  provide disruption in accordance with the promised services This research can
  also help determine legal protection for consumers, for example in some
  cases, for example a breach of contract by a travel agent can be considered a
  violation of business law and can be penalized. Keywords: victim protection, tour and
  travel, default | ||
| 
 | This
  work is licensed under a Creative Commons Attribution-ShareAlike 4.0
  International | |
INTRODUCTION
Considering Law No. 8 of 1999 concerning Consumer
Protection states that National Development seeks to realize a just and
efficient society, both material and spiritual, in the era of economic
democracy based on Pancasila in the 1945 Constitution, so that national
economic development is able to improve people's welfare. The business world is
one way for the community to earn income to improve the family economy and help
other residents make it easier to get the necessary economic servants or
worship. Business products in the form of administrative and technical services
can increase the interests of many people including obtaining approval for
products and services obtained from a serious transaction. Consumer Zaeni Asyhadie, (2014). The service business sector is one of the
models of many types of businesses whose activities consist of intangible
service services, not something that is visible to the naked eye. The hope is
that through community service efforts to get benefits from the benefits
received by others. Service business can be interpreted as a company that sells
the services it produces, with the aim of meeting customer needs and obtaining
profits Abdul Kadir Muhammad, (1999). 
Literally, umrah means pilgrimage /visit
(Nuruddin., (2017). Umrah Travel Bureau is in great demand by people who will
carry out worship, apalgi the service bureau provides
good services, for example: hotel services, visas, food and transportation
infrastructure. However, there are still travel agencies that offer very low
prices during Umrah services. Through a long waiting time promises that there
are so many enthusiasts that queue according to the registered number, an
example of a travel agency that traded in the news a few years ago, namely
First Travel in the City of Jakarta committed a default because of fraud
against consumers (Movanita, A. N. (2017). Tour or
travel service business actors are business actors who organize umrah travel
services who work in the service section that organizes umrah trips based on
Article 43 paragraph (2) of Law Number 13 of 2008 concerning the Implementation
of Hajj which explains Umrah travel organized by the government and / or
tourism agencies determined by the Ministry of Religious Affairs. The
regulations for Umrah organizers are detailed in Government Decree no. 18 of
2015 “Income Tax Benefits for Investment in Certain Business Sectors” including
Umrah Provisions.
In Indonesia, Umrah travel service companies are
legally allowed to operate if they have received permission from the Minister
in accordance with the provisions of Article 1 para. (3) from the Regulation of
the Ministry of Religious Affairs no. 18 of 2015 concerning the Implementation
of Umrah whose services are assisted by tourism companies that have obtained a
business license from the Ministry. Examples of Hajj and Umrah travel Abu Tours
&; Travel Palembang is a business actor / organizer of Hajj and Umrah tours
who already have a Business License from the Ministry of Religious Affairs.
There are many prospective Umrah pilgrims from Indonesia who want to perform
Umrah through various travel tours and umraoh, so
this opportunity is widely used by fraudulent travel agencies. The emergence of
problems regarding the services offered is not in accordance with the
implementation of Umrah worship for consumers. Article 10 of the Ministry of
Religious Affairs Regulation Number 18 of 2015 concerning the Implementation of
Umrah Travel gives responsibility for services to Umrah pilgrims with the
following conditions: 
1) Tips for performing Umrah; 2) transportation of
Umrah pilgrims; 3) the house and its infrastructure; 4) Health protection; and
6) administration and documentation of Umrah. 
But often problems arise in the implementation of
Umrah Umrah travel agencies regulated by Umrah travel
agencies. In practice, Umrah pilgrims have paid a certain amount of money but
when their schedule departs they have not received a
call or in other words, money cannot be accounted for. On the other hand,
consumers get services not in accordance with the agreement or offer in the
brochure offered. For example, Umrah pilgrims do not get food services as promised
during Umrah even though the agreed price includes food costs of
Rp.22,000,000.00 (twenty-two million rupiah).
If reviewed from Law No.8 of 1999 concerning
Consumer Protection, this Tour and travel business / company has defaulted on
its actions because it has injured the promise of the original agreement. This
problem occurs because the perpetrator does not appreciate the sale of buyer
rights made by the perpetrator, it can be seen in the case between PT. Abu Tour
and travel.  Currently in Palembang City,
as many as 1,661 Umrah pilgrims have been postponed by PT Abu Tours and travel
in Palembang City (Hasanuddin, M., (2018).
Of the various problems both Travel between First
Travel in the city of Jakarta and PT Abu Tour in the city of Palembang is an
example that has been described above, namely the services provided by one of
the Umrah travel companies in Indonesia still do not guarantee in accordance
with legal agreements for consumers, therefore it is important to review the
use and selection of travel for safety and related to Umrah travel planning,  So it is
important to have legal protection for consumers. It is hoped by Hajj and Umrah
pilgrims that legal protection is the protection of honor
and dignity and recognition of human rights in the hands of those who are
harmed by the law based on the legal system from acts of default or default so
that a set of rules or laws that can be used as guidelines to protect against
irresponsible travel. For consumers, this means that the law provides legal
protection against everything that results in the disrespect of consumer rights
(Philipus M Hadjon.,
(1987). The purpose of this study is to provide awareness to the public to
choose Umrah Tours and Travel that have a track record that can be accounted
for and provide consumer protection for victims in order to reach mutually
beneficial agreements. 
RESEARCH METHODS
Research methods are used in solving problems that are
empirical juridical. Juridical means Law using rules or matters related to
problems, We first analyze secondary data and then analyze primary data from
the field to solve empirical research questions. Soerjono Soekanto and Sri
Mamudji., (1985). The approach uses legal approach/statutory approach,
conceptual approach/conceptual approach/case approach. The process is based on
the consideration of aspects related to the content of the results of judicial
decisions with permanent legal force (Peter Mahmud Marzuki., (2005).
RESULTS AND DISCUSSION
1.    Legal protection according to Law no. 8 of 1999 concerning Protection of
consumers harmed by PT. Abu Tours & Travel in Palembang
The Consumer Protection Act
aims to provide a strong legal framework to empower consumers by advising and
educating consumers about non-governmental consumer protection organizations
and the law. The effort is very important because it is not easy to convince
economic agents that their economic value is actually aimed at obtaining
maximum returns for capital. This principle may directly or indirectly harm the
interests of consumers. (Ahmadi Miru and Sutarman Yodo., (2005).
a.    Wanprestasi
Embodiment or what in Indonesian also called "performance" in
contract law is defined as the performance of something written in a contract
by the party who binds it, according to the performance according to the
"terms" and "provisions". as stipulated in the relevant
contract (Munir Fuady., (1999). The types of
execution as stated in article 1234 of the Civil Code, namely: give something
Do something. And do nothing. If a contract is concluded based on art. 1320 of
the Civil Code, the contract provided for in paragraph 1 of Article 1338 of the
Civil Code is also binding for the other parties. When a group does not do what
was agreed upon, it is called a default.
Injury of promise (default or non-performance or also called breach of
contract) is a failure to perform a job or task as specified in the relevant
contract. Default has consequences for the right of the injured party to sue
the party who committed the violation for compensation, so that according to
the law it is expected that no one will be harmed as a result of the default or
violation of the consumer.  This default
action  can
occur due to: failure in all agreed activities; This achievement alone is not
enough; Finally got achievements; and doing what is prohibited or done by the
Disability agreement could be intentional or unintentional. Without realizing
it, this defect can occur because they cannot fulfill
these things or are forced not to fulfill these
things (Ahmadi Miru., (2007). In the implementation of the agreement that has
been contracted, if a situation arises where the debtor (the obligated party)
does not fulfill the implementation (obligation)
which is not due to compelling circumstances, compensation will be asked from
him (J. Satrio., (1992). Factors that cause the termination of a contract
agreement if several things occur, namely: the existence of a valid contract
agreement (1320); the presence of errors (caused by negligence or intentional
elements); the presence of restrictions; the presence of emptiness; risk
transfer; and payment of court costs (if the matter goes to court). Default is
a term of default based on the non-implementation of the debtor (Kartini
Muljadi and Gunawan Widjaja., (2003).
Default can occur due to the fault of the business actor/debtor, either
intentional or negligent, or due to force majeure/overmacht
beyond the debtor's control. Therefore, a person who is declared negligent or
in default can take the following forms, namely: 1) failure in the form of non-fulfillment of targets; 2) failure in the form of late
completion of implementation; 3) failure to obtain satisfactory results.
Even if the defect takes the form of negative performance, in contract
law it is a doctrine that presents itself as the "doctrine of great
achievement". By we mean the teaching that one person does not know what
he has done well, but if he has done good, then others will also know what he
has done. However, if one of the parties does not perform its duties properly,
it is considered that it has not performed the contract
"substantially". Therefore, if substantial work has been done as
stated in the contract concerned, then the doctrine  of exclusion non-adimpleti contractus no  longer applies, which is a doctrine that
teaches that if one party does not do it, the other party must not do it Ahli (Dr. Munir Fuady., (2015).
b.    Concequences of Default
The impact of controlled
contributions is the following penalties: 
persons who use debts to pay
bills from gifts (Article 1243 of the Civil Code); 2) When the connection is
flexible. Consumers can request the violation of their obligations through the
court (Article 1266 of the Civil Code); 3) in case of failure to fulfill the obligation to deliver something, the risk is
transferred to the commercial entity (art. 1237 of the Civil Code); 4) the
debtor is obliged to fulfill the contract, if he can
still fulfill it or the forgiveness is accompanied by
the payment of the debt. (article 1267 of the Civil Code). The default action  caused the
other party to be hurt. Because the third party becomes a victim due to
default, the third party who defaults will be responsible for the reasons
required by the consumer in the form of: a) just cancel the contract; b)
cancellation of the contract accompanied by demands for payment, in the form
of: fees, compensation and interest; c) only to complete the contract, whereas
the payer only asks      performance that can be done
by business actors. As
for compensation if it is not paid, there is a limit. The laws that determine
the losses that must be paid by business actors to consumers who do not pay are
as follows: 
Losses that can be expected
at the time the contract agreement is made. According to article 1247 of the
Civil Code, a business actor is only required to pay debts that he actually
received or that he could have foreseen at the end of the contract, unless he
considers the fraud as the cause of the cancellation of the agreement; 2) Death
is a direct result of non-payment of wages. According to article 1248 of the
Civil Code, if the contract is not carried out due to fraud committed by
business actors, then the compensation only includes penalties from loans and
profits lost due to it, and only covers certain items. resulting in nullity in
the agreement or non-performance of the contract; and 3) based on the
unexpectedness of this unusual with sensory effects may constitute any outcome
to be achieved by the Contract.
c.    
legal
protection according to Law no. 8 of 1999 concerning Consumer Protection for
consumers who are harmed by PT. Abu Tours &Travel in the city of Palembang
The Consumer Protection Act
aims to provide a strong legal framework for non-governmental consumer
protection agencies and laws aimed at consumer empowerment through consumer
advice and education. Strong efforts are important because it is not easy to convince
those who carry out economic activities that the economic value is really to
get the maximum profit that can be obtained from the capital. This principle
may directly or indirectly harm the interests of consumers. It is difficult to
limit the scope of consumer protection legislation to a single law. Consumer
protection laws are often combined in various fields and branches of law, some
call the name "consumer" (Shidarta.,
(2006).
The terms "consumer
law" and "consumer protection law" are often heard. But it is
not yet known what the contents of the two books are. Moreover, if the
"branches" of the law are the same. M.J. said Diree:
Of course both are legal products. However, in general, consumer law and
consumer protection law are legal norms that ensure that deficiencies in
individual consumer negotiations are recognized and that these deficiencies are
not detailed. Dutch consumer expert Hondius concludes
that jurists generally agree to define consumers as end users of goods and
services (uitendelijke user van goederen
en diesten) (Hondius., (1986). Consumers are a group that is vulnerable
to exploitation by business actors. The position of the buyer/consumer is weak,
the law will protect it. One of the characteristics and responsibilities of the
law is to provide the association with a sense of safety. (Celina Tri Siwi Kristiyanti., (2009).
Law Number 8 of 1999
concerning Consumer Protection is a law that aims to protect consumers. Section
1(1) of the Consumer Protection Act no. 8 of 1999 defines consumer protection
as a contract capable of providing consumer protection. Consumer protection is
essentially legal protection of consumer rights. It is generally known that
there are four main consumer rights, namely 1) Security rights; 2) the right to
receive information/communication rights; 3) the right to vote; 4) Rights of
receiving goods. These four fundamental rights are universally recognized.
During its development, consumer groups within the International Consumer
Organization (IOCU) added many other rights, including the right to consumer
education, the right to wages, and the right to access to adequate and healthy
housing. (IOCU., (1982).
Article 4 of Law Number 8 of
1999 concerning Consumer Protection regulates consumer rights:  The
right to comfort, safety and security when consuming products and/or services
2) The right to choose the products and/or services and access to such products
and/or services which may be changed at any time in terms of prices, existing
warranties and guarantees; . 3) The right to receive
true, clear and accurate information about the terms and conditions and
guarantees of products and/or services: 4) The right to express opinions and
complaints regarding the products and/or services used; 5) Consumer protection,
defense and dispute resolution rights; 6) The right
to receive consumer advice and education; 7) The right to receive fair and
reasonable treatment or services and the right not to be discriminated against
8) The right to cancel, return and/or exchange goods and/or services received
if they are not or should not be in conformity; with the contract.
Anti-authoritarian groups
are responsible. Customer service is defined in article 5 of Law No. 8 of 1999
concerning Consumer Protection, namely: Read or follow product or service user
instructions and information systems to ensure safety and security. 2) a
promise to complete the purchase of a product or service; 3) Payment at the
agreed exchange rate; 
4) Take appropriate remedies for consumer protection disputes. In
trade, economic entities have rights that are granted and respected by other
trading entities, such as consumers. These
rights are consistent with business obligations that must be respected and
enforced. In implementing this, businesses and consumers have the same rights
and obligations. The
rights of commercial enterprises referred to in Article 6 of the
"Protection of Consumer Rights" Law: 1) The right to payment in
accordance with the contractual agreements regarding the terms of exchange and
the value of the goods and/or services exchanged; 2) the right to legal
protection against consumer misconduct or other acts; 3) The right to self-defense and the legal resolution of consumer disputes;
4) The right to correct the name if it is legally agreed that the products
and/or services do not cause damage to the customers of both parties; 5) Other
rights regulated by law.
The ABU tournament and
travel services for travelers related to this study
related to consumer protection № 8, 1999 Consumer protection act: 1) good
things; 2) PT for Abu and Reich "Umrah" must provide specific,
precise and honorable information about data and
guarantees and ensure their use; 3) Umrah participants Provide fair, honest and
non-discriminatory service to customers. 4) Ensure the quality of goods and
services provided to consumers in accordance with the standards applicable to
such goods and/or services in society; 5) provide customers with the
opportunity to learn the basis or experience of the performance of previous
business entities or to test products and provide guarantees or warranties for
services advertised in advertisements or brochures distributed to the public;
6) Provides compensation for UMR consumers for consumers who do not use
appropriate products and / or services. 7) Receipt or compensation does not
meet the contract.
If the consumer suffers
losses for goods paid by consumers at PT Abu Tour and travel due to negligence
in their work or because of one of their obligations as referred to in Article
7 of Law Number 8 of 1999 concerning Consumer Protection, then the business
actor is in good faith and must compensate the consumer and be responsible for
all services that are negligent to the consumer regarding any service products
that have been previously promised.  On
the other hand, according to Ernest Barker, in order for consumer rights to be
perfect, they must meet three conditions, including: 1) the right is necessary
for human development, 2) the community receives the right and the right is
declared in accordance with the agreement in the contract agreement; 3) In the
treaty has been protected by law and guaranteed by the state. If these three
conditions are negligent and not fulfilled, then consumer rights are not
absolute rights but false rights. 
Consumer protection laws
were not enacted to permanently punish businesses. Rather, consumer protection
can support the creation of a good business environment that supports the
creation of companies that can compete by providing better products or services.
Therefore, the provisions of Chapter IV in Law No. 8 of 1999 concerning Legal
Protection, Articles 8 to 17, list prohibited acts in trade or business business. A business ban means that the products or
services distributed in the community are fit for sale and the company is not
allowed to advertise them in advertisements, brochures, offers, etc. We aim to
demonstrate the reliability and credibility of the information provided. (Nurmandjito., 2000). The purpose of this law is to try to
create a good business environment. This is a form of consumer protection, the restriction is to ensure the products
produced by manufacturers are safe and healthy.
2.   
Legal
responsibility carried out by business actors of PT. Abu Tour and Umrah Travel
to Umrah consumers so that it does not happen again to other business actors
a.   
Responsibilities
of business actors PT. Abu Tour and Umrah Travel to Umrah consumers
Producers, like business
actors, Responsible for participating in the creation and maintenance of a good
business environment to support the overall development of the national
economy. Therefore, the manufacturer is responsible for fulfilling such duties
and obligations, First of all by applying legal
principles and respecting the qualities and culture of the people involved in
the business. Business ethics is a guide for every business. Business
Principles - You may not be able to use business, but you need to understand
business principles when developing. Therefore, business actors must strive to
ensure that their businesses contribute to the development of society as a
whole. The role of business actors is always in good faith in carrying out
their activities Article 7 paragraph (1) of Law No. 8 of 1999 concerning
Consumer Protection means that business actors have good intentions and
participate in creating good climate in their efforts to support national
development. This is definitely a public role taken by an actor.
Many provisions in the
Consumer Protection Law attempt to encourage business actors to behave
conducive to the success of national economic development, especially in the
commercial sector. For violations against the Company, it falls under
restriction as a broken law. It is important to say that this command is
necessary, since the positive nature of social situations requires gravity and
stability. Therefore, restrictions are a tool to restore the situation as it
was when damage occurred and as a preventive tool for other entrepreneurs so
that the same thing does not happen again. In case of violating the law, The tour and travel companies of First Travel and PT Abu
Tour and Travel are business players in the field of Umrah companions. For
enterprises, in addition to the obligations of enterprises described above, the
prohibitions provided for in articles 8-17 of Law no. 8 of 1999 "On the
protection of consumer rights".
Article 8 of Law no. 8 of
1999 "On the protection of consumer rights" regulates prohibitions of
a general nature, which can be divided into two types: imposed on commercial
entities, In particular: 1) Prohibitions regarding the product itself that does
not meet the requirements and standards suitable for consumption or use by
consumers; 2) Prohibition of providing consumers with false, inconsistent or
misleading information; The conditions required for this second prohibition
include violations committed by business actors in terms of registration. In
addition to the rights and obligations of businesses that require attention,
there are also responsibilities that businesses have as part of integrating
business activities.
Therefore, companies should
always be cautious when making promises to their customers about the
products/services they offer. Compensation for business actors for consumer
losses is regulated in Law Number 8 of 1999 concerning Consumer Protection
which is specifically regulated from Article 19 to Article 28, In other words,
it is the principle of paying a price for mistakes and the principle that
society must take legal responsibility if a mistake is made. This principle is
a universal principle that applies to criminal and civil law. In Civil Code
1365, 1366 and 1366, also in Civil Code 1365 focuses on four points, namely: 1)
there is something; 2) there is an error; 3) there are losses suffered; and 4)
the relationship between error and loss. By error we mean negative. The concept
of ‘rights’ contradicts not only the law but also the good of society. This
principle of liability is generally accepted because it is beneficial for the
wrongdoer to compensate the injured party for his or her losses. In other words,
it is unfair for innocent people to bear the burden of harm caused by others.
Regarding the distribution of the burden of proof, This
rule follows the provisions of Article 163 or 283 of the Civil Act and Article
1865 of the Civil Act. It is explained that anyone who claims to have a right
must prove that the right exists or arises. The above rule is especially in
accordance with the general declaration of the law of the procedure, in
particular in accordance with the general declaration of the adult ettertem or in accordance with the principle of equal
principles of the parties.
b.   
Claim Damages
The law provides provisions regarding what is meant by indemnity. This
provision is a limitation on what can be claimed for damages. Thus, negligent business
actors are always protected by law against consumers. The foregoing is clearly
mentioned in Article 1247 of the Civil Code which states that "The
consumer may sue and demand payment with actual interest or has been able to
foresee the termination of the contract, except in the event of non-performance
of the contract due to fraud." Furthermore, article 1248 further
elaborates which states that "Notwithstanding the right of the agreement
is due to fraud committed by the business actor, then the reimbursement of the
debt, death and interest alone shall be considered for the losses suffered by
the debtor. Business actors and their profits are the only component of these
causes and discrepancies.
Therefore, compensation is limited, covering only foreseeable losses that
were the cause of the default. And the provisions contained in the law, namely
Law No. 8 of 1999 concerning Consumer Protection. In some cases, travel agents
who fail to meet their commitments may be subject to legal sanctions, such as
administrative fines or cancellation of work permits. Therefore, customers
should check the background or track record of their chosen travel company's
tour and travel business and ensure that the company is functioning according
to consumer needs. In the case of First Travel in Jakarta and PT Abu Tour and
Travel in Palembang, It has been shown that legal
protection of consumers affected by travel agencies can ensure the resolution
of disputes between consumers and businesses.
c.    
Defalt
resolution effort through the consumer Dispute Resolution Agendcy
What is unfortunate is that the travel agency First Travel in the city of
Jakarta and PT Abu Tour and travel in the city of Palembang did not keep their
promises to guarantee that their customers failed to carry out the Umrah
pilgrimage. When the agreement occurs, the customer pays a low price that does
not match the price in general in other travel. However, it offers the same
facilities, once agreed at the beginning. The travel agency defaulted because
of its negligence towards consumers who felt aggrieved. Based on Article 4 of
Law Number 8 of 1999 concerning Consumer Protection, consumers have a number of
rights, namely the right to safety, security, and comfort in using travel
agency services. Because the travel agency has been negligent and the consumer
is harmed because of the negligence, the travel agency will provide
compensation in accordance with Article 7 of the Consumer Protection Law
document stating that the consumer, namely the travel agency, is obliged to pay
the fee.
Rewards for services received or not used as agreed. Furthermore, if
consumers do not receive a sense of satisfaction in using the services of a
travel agency. In this case, the critical behavior of
consumers complaining about dissatisfaction with the waiter can be: 1) Asking
for clarification or complaints and dispute resolution to the travel agency. By
conveying complaints and complaints about dissatisfaction with its services,
and at the same time educating other consumers; and 2) if the complaint to the
travel agency is not responded to or if there is a response but the problem has
not been resolved, the consumer may seek third-party assistance to resolve the
issue. The third party concerned is: the local Consumer Dispute Resolution
Agency. To protect their rights, consumers can use two ways, including: dispute
resolution through adversarial and non-adversarial means based on article 4 e
of Law No. 8 of 1999 concerning Consumer protection, consumers have the right
to support consumers' support, litigation protection and resolution.
d.   
Non-litigation
dispute resolution
The companies have an obligation to compensate First Travel in Jakarta
customers and can claim damages and losses suffered at PT Abu Tour Travel in
Palembang. Such compensation may be in the form of a refund or replacement of
goods or services of the same or equivalent value, medical assistance and
compensation in accordance with applicable laws and regulations. Regarding
efforts to obtain compensation made against First travel and PT Abu Tour and
Travel, it was carried out through the negotiation stage, namely the lack of
legal documents to resolve disputes inside or outside. court. If a problem is
resolved properly but does not work, the first step that must be done is to
collect evidence showing that the problem was ignored or other reasons for the
negligence of Tour and travel, according to Article 23 of Law No.8 of 1999
concerning Consumer Protection, business actors who refuse or do not respond
and pay consumer requests can be sued by the Consumer Protection Agency if
submitted to court. In terms of procedures through the Consumer Dispute
Resolution Center, sourced from Article 45 paragraph
(1) of Law No. 8 of 1999 concerning Consumer Protection explains and any
aggrieved consumer may file a multiparty lawsuit against the settlement
company. Disputes between buyers and sellers are responsible for resolving
disputes between buyers and sellers, if they have not reached an agreement can
be submitted by in court and public affairs. The authority of the Consumer
Dispute Resolution Agency is regulated in Article 52 of this letter, namely its
duties and authorities, namely handling and resolving customer disputes,
through arbitration or agreement. These three ways of settlement are not
carried out in stages, but the parties must agree. The disputing party must choose
one of the three ways. After the parties agree to choose the way to resolve the
dispute, A consumer dispute resolution organization will issue a legal product.
This is regulated by the order of the Minister of Industry and Trade of the
Republic of Indonesia. Number 350 / Kep / 12/2001 concerning the implementation
of the role and authority of the Consumer Dispute Settlement Agency in Article
4 paragraph (1) and the settlement of consumer disputes by the Consumer Dispute
Settlement Agency through conciliation, mediation, or arbitration carried out
on the basis of the agreement of the parties involved. Once the parties agree
on how to resolve the dispute, the consumer dispute resolution body will issue
a legal product. The legal product for the parties who choose the communication
process or the agreement process is in the form of strict decision, while the
parties agree to choose the arbitration process in the form of decision.
CONCLUSION
The business sector is one type
of the many types of businesses whose activities include services that are not
visible to the naked eye. Hopefully, through community service efforts we can
provide benefits to others. A service business can be defined as a company that
sells the services it produces, with the aim of meeting customer needs and
making a profit. At the time of execution of the contract, if a situation
arises that the business actor does not fulfill the duties due to difficult circumstances,
it will be required of him. If the buyer suffers losses for goods paid by
consumers to PT Abu Tour and Travel due to negligence or due to one of the
duties as referred to in the consumer protection law, then the business actor
in good faith and must compensate the consumer and pay all negligent
obligations to consumers regarding products that have been agreed in advance
for work.Disputes between businesses and consumers are responsible for
resolving their problems, and if they don't reach an agreement, they can send
them to court and public proceedings. Authority of the Consumer Dispute
Resolution Office its duties and authorities, namely the management and
resolution of disputes with consumers, through arbitration or agreement. These
three steps are not carried out gradually, but others will agree. Contestants
will choose one of the three options. Once the parties agree on how to resolve
the dispute, the consumer dispute resolution body will issue a legal product.
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